Fatwa: # 15634
Category: Marriage (Nikah)
Country: Saudi Arabia
Date: 31st August 2007

Title

I am afraid i committed Zina with her while being married

Question

I married a Christian woman who converted to Islam. When I married her she was still married but separated from her Christian husband for more than 6 months. The imam who helped in converting her and married us said it is halal since she had converted to Islam, her marriage from the Christian husband is automatically cancelled. I slept with her after we got married once but I am afraid now that I will be committing (zina)

Please answer me ya cheikh if it is halal or haram what i did.

I just want to add that she converted to Islam and is following lessons for that because she wants this and not only because she wants to marry me

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

According to Shariah, if a spouse accepts Islam, the Qaadhi or Imaam will invite the other spouse to Islam. If the other spouse accepts Islam the marriage will remain intact and they will be regarded as husband and wife. However, if the spouse refuses to accept Islam, the marriage will terminate and they will no longer remain husband and wife.

Therefore, if the wife accepted Islam and the husband refused to accept, the Nikah between them will be terminated. It will not be permissible to marry her until she observes Iddat (waiting period). The Iddat is three menstrual cycles if she experiences menses or three months if she does not experience menses or child birth if she has conceived. (Shami Vol 3. Pg 518)

And Allah knows best

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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